Chronology of Mindanao Peace Agreements Christine Bell and Vanessa Utley Briefing Paper 02 | 2015 This chronology was produced by the Political Settlements Research Programme for UN Women in support of its work for the Global Study on the implementation of UNSC 1325 and the High-level review of that resolution by the UN Secretary-General (http://www.unwomen.org/en/news/in- focus/women-peace-security/1325-review-and-global-study). The Conflict Located on the southern Philippine island of Mindanao, the indigenous Muslim population, the Moro, and the Government of the Republic of the Philippines (GRP) have been engaged in an armed conflict since 1972 when President Marcos declared martial law.1 The Moro National Liberation Front (MNLF) was formed in 1969 to resist heightening discrimination and marginalization, and in 1972 began an armed resistance in order to establish a self- determining Moro identity in Bangsamoro (Indonesian for ‘Muslim Nation’) which would be established within the territorial provinces and peninsular regions of Mindanao, Sulu and Palawan.2 The MNLF would eventually splinter into the Moro Islamic Liberation Front (MILF), who have predominantly continued the resistance after the MNLF and the GRP signed the 1996 Final Agreement on the implementation of the 1976 Tripoli Agreement.3 The conflict has reportedly killed tens of thousands of people and displaced over 3 million people, though agreements as recent as June 2015 have renewed the International Monitoring Team and the Ad Hoc Joint Action Group, and a Task Force for Decommissioned Combatants and their Communities has been negotiated in order to continue the pursuit towards peace.4 Marcos Negotiations with the MNLF During the Marcos Regime, peace negotiations resulted in the signing of the Agreement between the Government of the Republic of the Philippines and the Moro National Liberation Front with the Participation of the Quadripartite Ministerial Commission Members of the Islamic Conference and the Secretary General of the Organization of Islamic Conference (the Tripoli Agreement) in 1976.5 This granted a degree of autonomy to the Moro, in which the Third Section, Provision No. 16 states that “The Government of the 1 Carmen A. Abubakar, 'Review of the Mindanao Peace Processes', Inter-Asia Cultural Studies 5, no. 3 (2004): 450-464, doi: 10.1080/1464937042000288732. 2 Colin Mackerras, Ethnicity In Asia (London: Routledge Curzon, 2003), 143. 3 Bell, Peace Agreements and Human Rights, 358-359; Mackerras, Ethnicity In Asia , 147; Thomson Foundation, 'Philippines- Mindanao Conflict', Trust.Org, 2015, http://www.trust.org/spotlight/Philippines-Mindanao-conflict/?tab=briefing. 4 Thomson Foundation, 'Philippines-Mindanao Conflict'. 5 Abubakar, 'Review,’ 451. The Political Settlements Research Programme | @PolSettlements | [email protected] School of Law, Old College, University of Edinburgh, South Bridge, EH8 9YL PSRP is funded by the Department for International Development (DFID), UK 2 Philippines shall take all necessary constitutional processes for the implementation of the entire Agreement,” to which President Marcos issued Presidential Decree No. 1618 in July, 1979, to implement the autonomy of Regions IX and XII.6 This degree of autonomy was unsatisfactory to many Moro, resulting in the unravelling of the Agreement and the splintering of the MNLF to produce the Moro Islamic Liberation Front (MILF) in 1984.7 Nonetheless, the Tripoli Peace Agreement, and the principles established in it, continued to be an important reference point in all future peace processes. Aquino Process with the MNLF Corazon Aquino succeeded Marcos from 1986-1992 and resumed talks with the MNLF, producing the Jeddah Accord in 1987, in attempt to further discussions on a democratic process for Mindanao.8 This was ultimately restricted by the 1987 Constitution that was passed as part of the democratic reconfiguring of the Philippines post-Marcos. Article X, Sections 15-21 of the 1987 Constitution established regional restrictions, furthered by RA 6734, in August, 1989, providing an Organic Act for the Autonomous Region in Muslim Mindanao (ARMM) following a plebiscite.9 The MNLF rejected the Organic Act, as well as the plebiscite-formulated ARMM, and negotiations were halted until 1992.10 Ramos Process with the MNLF In 1992, the new presidency led to a change in administration priorities, and the Ramos Period resumed peace negotiations.11 After four years of an interim ceasefire and exploratory talks, in 1996 the Final Agreement on the Implementation of the 1976 Tripoli Agreement was signed between the Philippine Government and the MNLF.12 The 1996 Agreement was intended as a two-stage process, with Phase I composing a 3 year transition period to join MNLF elements with the Armed Forces of the Philippine (AFP) and to undergo intensive socio-economic rehabilitation in the region, and Phase II consisting of the devolution of powers and the repeal of the Organic Act (RA 6734).13 While this was satisfactory for the MNLF, the MILF continued armed resistance, reaffirming their commitment to the establishment of a self-determining Bangsamoro territory.14 Domestic Stage Process with the MILF Following the 1996 Agreement, a peace process began with what the MILF describe as the ‘Domestic Stage’, with solely internal actors participating and negotiating in the peace talks that focused on establishing and maintaining a ceasefire, creating a suitable environment to further progress in discussions of the ‘Bangsamoro Question’ in a more formal atmosphere.15 This stage would continue until 2000, when the Agreement on the General Framework for the Resumption of Peace Talks was 6 Lawphil.net, 'P.D. No. 1618', 2015, http://www.lawphil.net/statutes/presdecs/pd1979/pd_1618_1979.html; Abubakar, 'Review,’ 452. 7Mackerras, Ethnicity In Asia, 147; Thomson Foundation, 'Philippines-Mindanao Conflict'. 8 Abubakar, 'Review,’ 455. 9 Gov.ph, 'THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE X | Official Gazette Of The Republic Of The Philippines', 2015, http://www.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the- 1987-constitution-of-the-republic-of-the-philippines-article-x/. 10 Mackerras, Ethnicity In Asia, 146. 11 Abubakar, 'Review,’ 455. 12 GRP-MILF Peace Process: Compilation Of Signed Agreements & Other Related Documents (1997-2010) (MILF Peace Panel/Asia Foundation, 2010), xxx. 13 Abubakar, 'Review,’ 456. 14 Mackerras, Ethnicity In Asia, 147 15 GRP-MILF Peace Process, xxiv. 2 3 signed, establishing the international community in the peace talks, beginning the Diplomatic Stage of the peace talks.16 Diplomatic Stage Process with the MILF While a majority of the MILF-GRP agreements were produced during this stage, one of the more notable agreements is the Memorandum of Agreement on the Ancestral Domain Aspect of the GRP- MILF Tripoli Agreement on Peace of 2001 (MoA-AD), which was controversially drafted and initialled in August 2008, but later struck down as unconstitutional by Supreme Court ruling G.R. 183591 (The Province of North Cotabato v The Government of the Republic of the Philippines Peace Panel on Ancestral Domain).17 Viewed by many as the strongest manifestation and solution of the Moro determination, the ruling briefly halted the peace process, however negotiations resumed after a re- structuring of the GRP Peace Panel and a mutually acceptable agreement between the Government of the Philippines and MILF was reached.18 This was codified in the Framework Agreement on the Bangsamoro (FAB), which replaces the ARMM with the autonomous Bangsamoro Region, and agreements as recently as 2015 are continuing to implement the establishment of a Bangsamoro Region. The implementation phase of the peace process is scheduled to conclude with an Exit Document agreed upon by both Parties.19 This is one of the few processes to have been led by a female negotiator for the government side (GPH Peace Panel), with Professor Miriam Coronel-Ferrer acting as Chair for the GPH Peace Panel since 2012.20 Chronology of Peace Agreements (Showing direct references to women) Marcos Period 1965-1985 (Agreements with the MNLF) 1976 23/12/1976 Tripoli Agreement Aquino Period 1986-1992 (Agreements with the MNLF) 1987 04/01/1987 Jeddah Accord Ramos Period 1992-1998 (Agreements with the MNLF) 1992 04/10/1992 Statement of Understanding between the GRP and the MNLF, first round of the GRP MNLF exploratory talks, Tripoli, Libya 1993 16 GRP-MILF Peace Process, xxiv, xxx, xxxi. 17 Lawphil.net, 'G.R. No. 183591', 2015, http://www.lawphil.net/judjuris/juri2008/oct2008/gr_183591_2008.html; GRP- MILF Peace Process, xxix. 18 GRP-MILF Peace Process, xvii, xxix. 19 Office of the Presidential Adviser on the Peace Process (OPAPP), 'Signed Agreements', 2015, http://www.opapp.gov.ph/milf/signed-agreements. 20 Yasmin Bursan-Lao, 'Phillipines: Women and Inclusivity in the Mindanao Peace Process', Accord, no. 25 (2014): 28-29. http://www.c-r.org/accord; Office of the Presidential Adviser on the Peace Process (OPAPP), ‘MILF Peace Table: GPH Panel for talks with the MILF’, 2015, http://opapp.gov.ph/milf/gph-panel-talks-milf. 3 4 16/04/1993 Statement of Understanding 07/11/1993 1993 Interim Ceasefire Agreement between the Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF) with the Participation of the Organization of the Islamic Conference (OIC) 1994 20/01/1994 Joint Guidelines and Ground Rules for the Implementation of the 1993 Interim GRP- MNLF